Argued October 28, 2014.
Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. (1:12-cv-01199-LMB-IDD). Leonie M. Brinkema, District Judge.
Stuart Alan Raphael, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants.
Michael E. Bern, LATHAM & WATKINS LLP, Washington, D.C., for Appellee.
Mark R. Herring, Attorney General of Virginia, Cynthia E. Hudson, Chief Deputy Attorney General, Linda L. Bryant, Deputy Attorney General, Public Safety & Enforcement, Richard C. Vorhis, Senior Assistant Attorney General, Kate E. Dwyre, Assistant Attorney General, Trevor S. Cox, Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants.
Abid R. Qureshi, Katherine M. Gigliotti, Daniel I. Levy, LATHAM & WATKINS LLP, Washington, D.C., for Appellee.
Rebecca K. Glenberg, Hope R. Amezquita, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VIRGINIA, Richmond, Virginia; Amy Fettig, Helen Vera, AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT, Washington, D.C., for Amici Curiae.
Before MOTZ, SHEDD, and WYNN, Circuit Judges. Judge Motz wrote the majority opinion, in which Judge Shedd joined. Judge Wynn wrote a dissenting opinion.
DIANA GRIBBON MOTZ, Circuit Judge:
The district court held that the procedural Due Process rights of a capital prisoner were violated by a state policy requiring his confinement, prior to execution, in a single cell with minimal visitation and recreation opportunities. The court ordered state officials either to alter the policy or to improve ...